Yeelight Software License and Service Agreement

 

This Software License and Service Agreement (hereinafter referred to as "this Agreement") is an agreement between you (hereinafter also referred to as "user") and [Qingdao Yeelink Information Technology Co., Ltd.] (hereinafter referred to as "Yeelight") together with its operating partners (hereinafter referred to as "Partners") with respect to users' downloading, installation, and use of "Yeelight" software (hereinafter referred to as "the software") and use of Yeelight related services.

[Important]

[Qingdao Yeelink Information Technology Co., Ltd.] hereby specifically reminds users to read carefully and fully understand the Software License and Service Agreement. Users shall carefully read and fully understand the clauses hereof, particularly those relating to exemption or limitation of Yeelight's liabilities, dispute resolution, and governing laws. The clauses relating to exemption or limitation of liabilities will be marked in bold, and you should pay special attention to such clauses.

You should carefully read and choose whether to accept this Agreement (a minor shall read this Agreement in the company of the legal guardian). You have no right to use relevant software and services provided by Yeelight unless you accept all the clauses hereof. By downloading, installing and using this Software and obtaining and logging in the account, you will be deemed to accept this Agreement (including subsequent updated versions of this Agreement and separate agreements on activation or use of a certain service) and agree to be bound by all the clauses hereof.

By (A) clicking "Agree" or similar button to confirm acceptance of this Agreement; or (B) printing and signing this Agreement (bearing the signature and valid seal) as required by Yeelight and sending it to the designated place, you accept and agree to the clauses hereof on your own behalf and/or on behalf of the company or agency you act for. If the company or agency you act for acknowledges acceptance of this Agreement, you represent and warrant that you have been fully authorized and qualified to do so.

Yeelight has the right to modify this Agreement, and the updated clauses hereof will be published on the official website or software, and take effect as of the date of publication. Users may download and install this Software again or check the latest version of the agreement clauses on the website. After Yeelight revises the clauses hereof, users shall immediately stop using the "Yeelight" software and services provided by Yeelight if they do not accept the revised clauses, and by continuing using the "Yeelight" software and services provided by Yeelight, users will be deemed to have accepted the revised agreement.

  1. General Provisions

1.1. This Agreement is an agreement between you and Yeelight together with its operating partners with respect to the user's downloading, installation, and use of "Yeelight" software (hereinafter referred to as "this Software") and use of Yeelight related services.

1.2. The software and services refer to the software and services provided by Yeelight and installed on the mobile smart terminal as well as the official drivers and services of Yeelight provided to users who use such smart terminal.

1.3. The ownership and operating right of the software and services shall belong to Yeelight.

  1. Scope of Authorization of theSoftware

2.1. Yeelight grants users a personal, non-transferable, non-sublicensible and non-exclusive license with respect to this Software.

2.2. Users may install, use, display, and run this Software on a single mobile terminal for non-commercial purposes.However, users shall not install, use, and run this Software for commercial operation purposes, or copy, alter, modify, run through a plug-in, or create any derivative works of this Software or the data released to the memory of any terminal during running of this Software and the interaction data between the client and the server during running of this Software, in the forms including but not limited to accessing this Software and relevant system by the use of add-ons, plug-ins, or unauthorized third party tools/services. If commercial sales, reproduction and distribution, such as software pre-installation and binding, are required, written authorization and permission must be obtained from Yeelight.

2.3. Without express permission of Yeelight, users shall not install this Software on any other terminal devices, including but not limited to STB, game console, TV set and DVD player.

2.4. Users may make a copy of this Software for backup for the purpose of using the software and services. The backup copy must contain all the copyright information contained in the original software.

2.5. Unless explicitly authorized in this Agreement, Yeelight does not grant any other right to users, and if users intend to use any other right, written consent must be otherwise obtained from Yeelight.

III. Obtainment, Installation and Upgrading of the Software

3.1. Users shall go to the website designated by Yeelight, and download and install this Software in the manner designated by Yeelight. You shall not download this Software from non-designated websites to prevent mobile terminal devices from being infected with malicious programs that may destroy user data and obtain user privacy information. If users obtain this Software or an installation program with the same name as this software from a third party that is not authorized by Yeelight, Yeelight cannot guarantee that the software can be used normally and will not be responsible for the losses caused thereby to you.

3.2. Users must choose the version of this Software that matches the terminal installed. Otherwise, users shall be responsible for the software issues, device issues or damages arising from the inconsistency between the software and the device model.

3.3. In order to improve the user experience and perfect the service content, Yeelight has the right to provide you with the replaced, modified or upgraded version of this Software from time to time, or to collect a fee for such replacement, modification or upgrading with your prior consent. This Software activates the "upgrading reminder" function for users by default. Considering the differences in the software version used by the user, Yeelight allows users to choose whether to activate this function. Upon release of a new software version, Yeelight will not guarantee the continued availability of the old version of this Software.

  1. Terms ofUse

4.1. Users may use the software and services according to this Agreement without violating the law and this Agreement, and shall not:

4.1.1. Delete any of the copyright information on this Software and other copies, or modify, delete or circumvent the technical measures set for protection of the intellectual property rights.

4.1.2. Perform reverse engineering of this Software, such as disassembling, decompiling or other attempts to obtain the source code of this Software.

4.1.3. Add, delete, or alter the software function or the running effect by modifying or fabricating the instructions and data in software running, or operate or make public the software or method used for the above purposes, regardless of whether these actions are for commercial purposes.

4.1.4. Use this Software in any activity that jeopardizes the network security, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; accessing public networks or others' operating systems without permission, and deleting, modifying or adding the storage information; attempting to search, scan or test the vulnerability in the system of this Software or the network or conducting other activities that jeopardize the network security without permission; attempting to interfere with or damage normal running of the system of this Software or the network, intentionally spreading malicious programs or viruses, or conducting other activities that jeopardize or interfere with the normal network information service; or fabricating the name of TCP/IP data package or part thereof.

4.1.5. Log into or use the software and services through third-party compatible software or systems that are not developed, authorized or recognized by Yeelight, or make, release or distribute the aforesaid tools.

4.1.6. Without written consent of Yeelight, take the following acts toward the software and the information therein, including but not limited to: use, leasing, lending, copying, modification, linking, reprinting, assembly, posting, publication, or establishing mirror sites or using this Software without authorization to develop the derivative works, works, services, add-ons, plug-ins, compatibility and interconnection related thereto.

4.1.7. Utilize this Software to post, send, transmit or store any content that violates the national laws, jeopardizes national security, national reunification, social stability, public order and good custom, or is improper, scandalous, obscene, violent, or against any national laws, regulations and policies.

4.1.8. Utilize this Software to post, send, transmit or store any content that infringes on the intellectual property rights, trade secrets and other legal rights of others.

4.1.9. Utilize this Software to post, send, and spread advertisement and spam in batches.

4.1.10. Use this Software and other services provided by Yeelight in any illegal manner, for any illegal purpose, or in any manner that is inconsistent with the one licensed for use by this Agreement.

4.2. Terms of information release

4.2.1. You may use this Software to post opinions, data, text, information, user names, pictures, photos, personal information, audios, video files, links, and other information and contents that you create or you have the right to post. You must warrant that you have the intellectual property rights in or have obtained the legal authorization for the information and content you upload, and your use of the software and services will not infringe the legal rights and interests of any third party.

4.2.2. You shall comply with the seven basic requirements including laws and regulations, socialist system, national interests, legal rights and interests of citizens, social public order and truthfulness of information.

4.2.3. When using this Software, you shall not use this Software to:

4.2.3.1. Make, copy, release, spread or store the content that is against the national laws and regulations, which:

(1) Contradicts the fundamental rules determined by the Constitution.

(2) Jeopardizes national security, leaks national secrets, topples the government, or sabotages national reunification.

(3) Harms national reputation and benefits.

(4) Stirs up ethnic hatred or discrimination, or undermines ethnic unity.

(5) Sabotages national religion policies, or promotes evil cults, feudal thoughts, and superstition.

(6) Spreads rumors, disturbs social order, or sabotages social stability.

(7) Spreads materials related to pornography, gambling, violence, murder, or terror, or abets crimes.

(8) Insults or defames others, or harms the legal rights and interests of others.

(9) Incites assemblies, forms associations, parades, demonstrations, or gatherings that are illegal, or disturbs social order.

(10) Organizes events in the name of illegal private organizations.

(11) Contains other contents prohibited by the laws and administrative rules.

4.2.3.2. Release, send, transmit or store any content that infringes on the right of reputation, right of portrait, intellectual property rights, trade secrets and other legal rights of others.

4.2.3.3. Fabricate the facts and hide the truth to mislead and deceive others.

4.2.3.4. Post, send, and spread advertisement and spam.

4.2.3.5. Conduct other activities that are against the laws and regulations, policies, public order and good custom and social morality.

4.2.4. Without permission of Yeelight, you shall not carry out any commercial activity in this Software, such as publishing advertisements and selling commodities.

4.3 You understand and agree that:

4.3.1. Yeelight will determine whether the user has committed breach of the aforesaid terms of use, and suspend or terminate your use license or take other restrictive measures that may be taken in accordance with this agreement based on the determination result.

4.3.2. Yeelight will directly delete the information that is suspected to be illegal or suspected of infringing on the legal rights of others or that violates this agreement when the user uses the licensed software.

4.3.3. You shall be independently and legally responsible, in your own name, for the damages arising from the aforesaid breach of the terms of use by the user, and shall warrant that Yeelight is exempted from the losses incurred or expenses increased thereby;

4.3.4. If Yeelight is subject to losses, or claims from a third party, or penalties imposed by the administrative organ as a result of the user's breach of applicable laws and regulations or the provisions in the Agreement, the user shall indemnify Yeelight for the losses caused and/or expenses incurred thereby, including reasonable attorney's fee and cost of investigation and evidence collection.

  1. Privacy Policy and Personal Information Protection

5.1. Yeelight attaches great importance to protecting your personal information. In order to provide the software function and improve the user experience, Yeelight will collect the following types of data:

5.1.1. Device-related information: information related to your device software, performance, status, and applications,such as system version, device manufacturer information, model and name, device and mainboard identification code, CPU usage, and installation and use of applications.

5.1.2. Designated information related to you: we may collect and use the information such as Yeelight account.

5.1.3. Network use information: we may collect the network type and network signal related to certain functions of Yeelight software.

5.2. We, as a company in the ecological chain of Xiaomi, will collect, use and protect your data in accordance with the standards in the privacy policy of Xiaomi.You may view the information about the privacy policy on the following website: [https://api.yeelight.com/apis/
account/public/privacy
].

5.3. We may share data related the products and services of Xiaomi/Mijia/Mitu brands with Xiaomi from time to time to provide and improve the exciting products and services (including software and hardware) from Xiaomi and its ecological chain, and to bring better functions and user experience.

  1. Service Risk and Disclaimer

6.1. Users must equip the device required for the mobile terminal to connect to the network and use the telecommunications value-added service, and shall be solely responsible for relevant expenses, including communication fee and information fee, for connection to the mobile personal terminal or collected by a third party (including but not limited to telecommunications or mobile communication provider).If a telecommunications value-added service is involved, we suggest you confirm the charge with your telecommunications value-added service provider.

6.2. Yeelight and its Partners will not be responsible for the losses suffered by the user as a result of communication line failure, technical issues, network, mobile terminal faults, system instability and other various force majeure reasons of a third party.

6.3. Like many Internet software, this Software may be affected by the differences in the factors including but not limited to user reasons, network service quality and social environment, and may be invaded by various security issues. For example, others may use the data of the user, causing harassment in the real life; other software downloaded and installed or other websites accessed by the user may contain viruses like "Trojan Horse", threatening security of the information and data in the terminal of the user, and further influencing normal use of this Software. Users shall enhance the awareness of information security and user data protection, and strengthen password protection to avoid losses and harassment.

6.4. When the user uses this Software or requires Yeelight to provide a certain service, this Software may call the system or software of a third party to support the use or access of the user. The result of such use is provided by such third party, and Yeelight does not warrant that the system or software of such third party supports the safety, accuracy, validity and other uncertain risks in the realized result. Yeelight will not be responsible for any dispute or damage caused thereby.

6.5. Yeelight specifically reminds the user that in order to maintain the company's autonomous right in business development and adjustment, Yeelight has the right to modify or suspend the service without notice, and Yeelight will not be liable to the user or any third party in its exercise of the right to modify or suspend the service.

6.6. Unless expressly provided for in the laws and regulations, we will exercise our best efforts to ensure that the software and the technology and information involved are safe, valid, accurate and reliable, but subject to the existing technology, users understand that Yeelight cannot give its guarantee with respect to this.

6.7. Users shall be solely responsible for the personal injuries or incidental or indirect economic damages arising from or in connection with any of the following, including but not limited to damages for loss of profit, loss of data and business interruption or other business damages or losses: (1) use of or failure to use the licensed software; (2) unauthorized use of the software or modification of the data of the user by a third party; (3) expense and loss incurred by the user in its activity carried out with the software; (4) misunderstanding of the software by the user; (5) other losses in connection with the software, which are caused for reasons non-attributable to Yeelight.

6.8. Any personal injury or economic losses caused or possibly caused by the user and other users who use this Software via the software due to misleading or deception shall be borne by the offending party in accordance with the law.

VII. Statement on Intellectual Property Rights

7.1. Yeelight is the owner of the intellectual property rights of this Software. All the copyrights, trademark rights, patent rights, trade secrets and other intellectual property rights of this Software as well as all the information and contents in connection with this Software, including but not limited to characters, pictures, audios, videos, charts, interface designs, layout frameworks, relevant data or electronic documents, are protected by the laws and regulations of the People's Republic of China and applicable international treaties, and except the trademarks of Xiaomi/Mijia/Mitu, Yeelight owns the above intellectual property rights.

7.2 Without written consent of Yeelight, the user shall not enforce, utilize or transfer the above intellectual property rights on its own or by authorizing any third party for any commercial or non-commercial purposes, and Yeelight reserves the right to investigate into the legal responsibilities for the above activities.

VIII. Change to the Agreement

8.1. Yeelight has the right to revise the clauses hereof when necessary. In case of change to the clauses hereof, the revised clauses will be published on the relevant page. Users shall take the initiative to cancel this service if they do not agree with the revision. If users continue using the service, it is deemed to have accepted the changes to the clauses hereof.

8.2. Yeelight and its Partners have the right to modify or alter the charged service provided, charging criteria, charging method, service fee and terms of service, where necessary. When providing the service, Yeelight may collect certain fee for some services from the user now or in the future, and the user who refuses to pay such fee cannot continue using relevant services after charging is applied. Yeelight and its Partners will exercise their best efforts to notify users of the relevant modification or alteration through email or other means.

  1. Governing Laws and DisputeResolution

9.1. The validity and interpretation of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China. In the absence of applicable laws and regulations, international business practices and/or business practices shall apply.

9.2. This Agreement is signed in Laoshan District, Qingdao City.

9.3. The user and Yeelight unanimously agree that the disputes arising from this Agreement shall be resolved by the parties through negotiation. In case of failure, either party may file a lawsuit with the court with jurisdiction in the place where this Agreement is signed.

  1. Miscellaneous

10.1. When the user uses a certain service of this Software, this service may be subject to a separate agreement or relevant business rules (hereinafter collectively referred to as "Separate Agreement"), which you shall read and agree to before using such service.

10.2. The headings of the clauses hereof are inserted for convenience of reading only. They have no actual meanings and cannot be taken as the basis to interpret the meaning hereof.

10.3. If some clauses hereof become invalid or unenforceable for any reason, the remaining clauses shall remain valid and binding on the parties.

 

 

Qingdao Yeelink Information Technology Co., Ltd.

Last updated: July 9, 2020